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(영문) 대전지방법원 2018.01.30 2017고단2887 (1)
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to ten months of imprisonment for fraud in the same court on May 26, 201, and the judgment became final and conclusive on July 21, 201.

[2] On November 4, 2009, the Defendant issued a false statement to the victim D (the 34 years of age) at the Jung-gu Office in Busan, Jung-gu, Seoul, that “I will repay the purchase fund of 50 million won until June 30, 2010, if I lend Dmond money to D to D (the 34 years of age).”

However, since the defendant did not carry on the Montreal business, even if he borrowed the money from the injured party, he did not have any intention or ability to purchase the Montreal or to pay the money.

Nevertheless, the Defendant, by deceiving the victim, was transferred from the damaged party to the post office account in the name of E designated by the Defendant.

In addition, from around that time to December 3, 2010, the Defendant received a total of KRW 57,90,000 from 14 times under the name of the purchase cost or project cost, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of deposits and withdrawals, and a certificate of borrowing;

1. Previous records of judgment: Application of the results of inquiry and investigation reports (former records and attachment of the judgment) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act is a crime during the period of repeated crime for which the amount of damage is not specified in the sentencing of Article 334(1) of the Criminal Procedure Act. However, it appears that the victim was fully agreed with and recovered from damage; equity with the case where the judgment was rendered at the same time as the final and conclusive judgment should be considered; and there is no record of punishment exceeding a fine between several years after the sentence in the final and conclusive judgment.

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